Lyons: Is homeowners association overstepping its power?

Published: Wednesday, January 23, 2013 at 6:39 p.m.

Last Modified: Wednesday, January 23, 2013 at 6:39 p.m.

The Tamaron Homeowners Association is fun to hear about because its board has been known to go beyond what other HOAs do.

Some get heavy handed about strict enforcement and rigid interpretations of deed restrictions, usually quite legally.

But Tamaron’s board has been known to pretend it has power it can’t possibly have.

In 2008, I wrote about scary notices the Tamaron board sent to several non-HOA member homeowners in that Sarasota subdivision. The notices told people they had to join the association — right away — and pay dues.

Those who joined would have to follow the HOA’s rules governing their property. Those who stalled were warned they would face late fees.

That intimidated a few people, at least. But some soon realized it was malarkey. Their deed restrictions did not require membership, and the HOA wasn’t even formed until two years after the deed restrictions were filed.

The non-joiners I talked to figured the board’s sneaky aim, aside from collecting more dues, was to expand its power. As it was, the board had no way to impose new rules on non-member owners.

That issue quietly went away, probably after the Tamaron board finally got sound legal advice to the effect that the association can’t make people join it, not even by writing a new association rule that says it can.

That bogus attempt cracked me up, aside from knowing it had probably worked on some people who didn’t know any better.

But now, Tamaron’s latest newsletter has warnings from the board president that made me wonder if there has been more of the same overstepping.

Yes, and no, it seems.

“I have sold several properties in this community and my clients are upset and are asking me if they have to be a member of the association,” Realtor Denise Oyler told me. One buyer who just closed was especially dismayed to read in January’s Tamaron Bugle — the newsletter — that he can’t rent out the house seasonally, as he planned.

The new owner may have joined the association just by by buying a home previously owned by an HOA member. He read his deed restrictions, and they say nothing about limiting rentals.

The rub is, Oyler says, that she and her client did not know the association had by-laws that do.

“Tamaron is a deed restricted community” the newsletter states, in a article by board president Fay Snodgrass. “When a person purchases property in Tamaron,” the buyer is legally required to “obey the Deed Restrictions and Bylaws.”

Well, deed restrictions yes. By-laws, only maybe.

As I reported, non-member owners who resisted the 2008 scare tactics and did not join are still free to ignore those, including any future by-laws the association might want to impose.

“By Tamaron rules,” the newsletter goes on, “houses can be rented once a year.”

Actually, the rules say rentals must be for a one-year minimum lease.

The newsletter also states, correctly, that the by-laws insist all tenants’ names be registered with the association board.

Of course, owners could pretend renters were just friends or relatives. To prevent that, here’s the newsletter’s kicker: An owner “may also NOT lend his property to friends, relatives or fellow church members. An owner must be in residence when he has ‘guests.’ ”

Really? No housesitters while away on vacation? No relatives unless the owner is there?

Funny thing is, I see no such rule in the Tamaron by-laws filed with Sarasota County.

Whether that part is more made up stuff passed off as a real rule, or some new rule has been imposed, I don’t know. The president and two other board members did not return my calls.

But the president’s article claims that “Owners who violate these rules will be fined and possibly taken to court.”

It also says county ordinances also ban short term rentals in communities like Tamaron. But that’s sneakily misleading. The county rule bans renting for less than a month, not seasonal and monthly rentals.

The county also doesn’t ban housesitters, or relatives being there when the owner is gone.

Oyler says she is advising the recent buyer to get a lawyer to figure out if his purchase automatically made him an HOA member and the victim of rules that go beyond those in his deed restrictions, or if there is some way to escape its clutches.

<p>The Tamaron Homeowners Association is fun to hear about because its board has been known to go beyond what other HOAs do.</p><p>Some get heavy handed about strict enforcement and rigid interpretations of deed restrictions, usually quite legally.</p><p>But Tamaron's board has been known to pretend it has power it can't possibly have.</p><p>In 2008, I wrote about scary notices the Tamaron board sent to several non-HOA member homeowners in that Sarasota subdivision. The notices told people they had to join the association — right away — and pay dues.</p><p>Those who joined would have to follow the HOA's rules governing their property. Those who stalled were warned they would face late fees.</p><p>That intimidated a few people, at least. But some soon realized it was malarkey. Their deed restrictions did not require membership, and the HOA wasn't even formed until two years after the deed restrictions were filed.</p><p>The non-joiners I talked to figured the board's sneaky aim, aside from collecting more dues, was to expand its power. As it was, the board had no way to impose new rules on non-member owners.</p><p>That issue quietly went away, probably after the Tamaron board finally got sound legal advice to the effect that the association can't make people join it, not even by writing a new association rule that says it can.</p><p>That bogus attempt cracked me up, aside from knowing it had probably worked on some people who didn't know any better.</p><p>But now, Tamaron's latest newsletter has warnings from the board president that made me wonder if there has been more of the same overstepping.</p><p>Yes, and no, it seems.</p><p>“I have sold several properties in this community and my clients are upset and are asking me if they have to be a member of the association,” Realtor Denise Oyler told me. One buyer who just closed was especially dismayed to read in January's Tamaron Bugle — the newsletter — that he can't rent out the house seasonally, as he planned.</p><p>The new owner may have joined the association just by by buying a home previously owned by an HOA member. He read his deed restrictions, and they say nothing about limiting rentals.</p><p>The rub is, Oyler says, that she and her client did not know the association had by-laws that do.</p><p>“Tamaron is a deed restricted community” the newsletter states, in a article by board president Fay Snodgrass. “When a person purchases property in Tamaron,” the buyer is legally required to “obey the Deed Restrictions and Bylaws.”</p><p>Well, deed restrictions yes. By-laws, only maybe.</p><p>As I reported, non-member owners who resisted the 2008 scare tactics and did not join are still free to ignore those, including any future by-laws the association might want to impose.</p><p>“By Tamaron rules,” the newsletter goes on, “houses can be rented once a year.”</p><p>Actually, the rules say rentals must be for a one-year minimum lease.</p><p>The newsletter also states, correctly, that the by-laws insist all tenants' names be registered with the association board.</p><p>Of course, owners could pretend renters were just friends or relatives. To prevent that, here's the newsletter's kicker: An owner “may also NOT lend his property to friends, relatives or fellow church members. An owner must be in residence when he has 'guests.' ”</p><p>Really? No housesitters while away on vacation? No relatives unless the owner is there?</p><p>Funny thing is, I see no such rule in the Tamaron by-laws filed with Sarasota County.</p><p>Whether that part is more made up stuff passed off as a real rule, or some new rule has been imposed, I don't know. The president and two other board members did not return my calls.</p><p>But the president's article claims that “Owners who violate these rules will be fined and possibly taken to court.”</p><p>It also says county ordinances also ban short term rentals in communities like Tamaron. But that's sneakily misleading. The county rule bans renting for less than a month, not seasonal and monthly rentals.</p><p>The county also doesn't ban housesitters, or relatives being there when the owner is gone.</p><p>Oyler says she is advising the recent buyer to get a lawyer to figure out if his purchase automatically made him an HOA member and the victim of rules that go beyond those in his deed restrictions, or if there is some way to escape its clutches.</p>